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CAMELBAK PRODUCTS, LLC v. U.S.

No. 2010-1420.

649 F.3d 1361 (2011)

CAMELBAK PRODUCTS, LLC (Successor-in-Interest to CamelBak Products, Inc.), Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

June 16, 2011.

Attorney(s) appearing for the Case

Arthur K. Purcell , Sandler, Travis & Rosenberg, P.A., of New York, NY, argued for plaintiff-appellant. With him on the brief was Larry T. Ordet.

Jason M. Kenner , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of New York, NY, argued for defendant-appellee. With him on the brief were Barbara S. Williams , Attorney in Charge; and Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, of Washington, DC.

Opinion for the court filed by Circuit Judge CLEVENGER. Dissenting opinion filed by Circuit Judge BRYSON.

CLEVENGER, Circuit Judge.

This customs case concerns the proper classification of ten styles of CamelBak Products, LLC's ("CamelBak") back-mounted packs ("subject articles").1 CamelBak appeals the judgment and decision of the United States Court of International Trade denying CamelBak's motion for summary judgment, granting the United States' (the "government") cross-motion for summary judgment, and holding that the merchandise at issue...

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